HARRY HUGHES, Governor

3061

make restitution in addition to any other penalty provided
for the commission of the crime. Payment of restitution to
the victim under this subsection has priority over payment
of restitution to the Department or any other governmental
entity.]

(B) (1) ON CONVICTION OF A CRIME, THE COURT MAY ORDER
THE DEFENDANT TO MAKE RESTITUTION IN ADDITION TO ANY OTHER
PENALTY FOR THE COMMISSION OF THE CRIME, IF:

(I)  PROPERTY OF THE VICTIM WAS STOLEN,
CONVERTED, UNLAWFULLY OBTAINED, OR ITS VALUE SUBSTANTIALLY
DECREASED AS A DIRECT RESULT OF THE CRIME;

(II)  THE VICTIM SUFFERED ACTUAL MEDICAL
EXPENSES, DIRECT OUT-OF-POCKET LOSSES, OR LOSS OF EARNINGS
AS A DIRECT RESULT OF THE CRIME; OR

(III)  THE VICTIM INCURRED MEDICAL EXPENSES
THAT WERE PAID BY THE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE OR ANY OTHER GOVERNMENTAL ENTITY.

(2)  THE COURT MAY ORDER THAT RESTITUTION BE MADE

TO:

(I)  THE VICTIM;

(II)  THE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE OR OTHER GOVERNMENTAL ENTITY; OR

(III)  A THIRD-PARTY PAYOR, INCLUDING AN
INSURER, WHICH HAS MADE PAYMENT TO THE VICTIM TO COMPENSATE
THE VICTIM FOR A PROPERTY LOSS UNDER PARAGRAPH (1)(I) OF
THIS SUBSECTION, OR PECUNIARY LOSS UNDER PARAGRAPH (2)
(1) (II) OF THIS SUBSECTION.

(3)   IF THE VICTIM HAS BEEN FULLY COMPENSATED FOR
THE VICTIM'S LOSS BY A THIRD-PARTY PAYOR, THE COURT SHALL
MAY ORDER RESTITUTION TO THE THIRD-PARTY PAYOR.. OTHERWISE,
PAYMENT OF RESTITUTION TO THE VICTIM HAS PRIORITY OVER
PAYMENT OF RESTITUTION TO THE THIRD-PARTY PAYOR.

(4)  PAYMENT OF RESTITUTION TO THE VICTIM UNDER
THIS SUBSECTION HAS PRIORITY OVER PAYMENT OF RESTITUTION TO
THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE OR OTHER
GOVERNMENTAL ENTITY.

(d) [(3) The Division shall forward any property or
payments to the victim of the crime, except that, if the
payments are made for medical expenses that were paid by the
Department of Health and Mental Hygiene or another
governmental entity, the payments shall be forwarded to the
Department or governmental entity.]